SC ASKS CENTRE TO SUBMIT REPORT OF ACTION TAKEN IN 8 STATES FOR REMOVAL OF ENCROACHMENTS FROM NHS

NEW DELHI: Not satisfied with the road ministry’s action to remove encroachments from national highways, the Supreme Court has directed the ministry to submit a detailed report of actions taken in eight major states, including Maharashtra, Uttar Pradesh, Tamil Nadu, Gujarat, Rajasthan and Assam. The court also directed the ministry to share the order with all states so that their officials and authorities provide necessary support for removal of encroachments.

Hearing a plea filed by 78-year-old road safety activist Gyan Prakash, the SC bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan said, “Prima facie, we are not satisfied with the action taken as reflected from the said statistics when it comes to removal of encroachments on the highways as provided in Section 26 of the Control of National Highways (Land and Traffic) Act, 2002. To test the stand taken in the compliance affidavit, we direct that a specific affidavit shall be filed placing on record the details of the inspections carried out on the NHs and actions of removal of encroachments taken on the highways in Assam, Gujarat, Karnataka, Maharashtra, Rajasthan, Tamil Nadu, Uttar Pradesh and West Bengal.”

The apex court also took note of the ministry’s order of March 18 that the teams constituted by it will carry out frequent inspection of NHs for ascertaining existence of encroachments on the highways and its submission of certain statistics is in the compliance affidavit. The court directed the ministry to collect data of the inspections carried out by inspection squads; and action of removal of encroachments taken in the states up to June 30, so that it will be able to issue further directions.

The court has sought a compliance affidavit by July 26 and listed the case for next hearing on August 2.

The SC also took note that though notices have been issued from April 2023 onwards as regards large number of encroachments on highways, action of removal appears to have been taken in respect of few structures and occupancies. It said the ministry will seek attention of the concerned states for removal of encroachments.

“We also make it clear that wherever for taking action under Section 26 of the Control of National Highways (Land and Traffic) Act, 2002, assistance of the local administration and local police is required, the same shall be rendered by the authorities of the state. The ministry will forward a copy of the order to all the concerned revenue and police authorities of the states,” the court said in its order.

The petitioner has filed the case over non-implementation of the Act, which has sought implementation of the grievance redressal mechanism by highway administrations.